Additional Use Rights

Transcription

1 Additional Use Rights This Additional Use Rights document ( Additional Use Rights ) sets forth additional terms, conditions and/or limitations that govern the use and/or provision of the products and services listed below that are sold, licensed or made available by Riverbed Technology, Inc. and/or any of its affiliates, as applicable ( Riverbed ), in addition to all of the terms of the applicable purchase, license or other agreement that references these Additional Use Rights ( Agreement ). More than one set of terms set forth in these Additional Use Rights may apply to a particular product as referenced below. Any references to Customer below mean the applicable customer, buyer, or licensee specified in the Agreement. References to products, software and services refer to products, software and/or services purchased or licensed under the terms of the applicable Agreement. If Customer has not purchased or licensed a particular product or service, then any terms below that are specific to that product or service do not apply to Customer until Customer purchases or licenses such product or service. Any breach of the terms of these Additional Use Rights, including any use of any product, software, or service not in accordance with the applicable terms set forth below, will be deemed a breach by Customer of the Agreement. Unless otherwise expressly indicated, including (and other variations thereof) means, as applicable, including but not limited to. 1. The following additional terms apply to any Riverbed products designated as a spare or cold spare : If a Riverbed product is being provided as a spare or cold spare as identified at the time of sale or on Riverbed s then-current price list ( Spare ), then such Spare is provided solely as a replacement unit and is not supplied for independent productive use. Customer shall use each Spare solely for replacement of a fully licensed product that is no longer operational and has been disconnected from Customer s network and power supply. Customer must contact Riverbed Support to transfer any applicable support service plans from the fully licensed product to the Spare. Upon replacement, the Spare will become a fully licensed product subject to the terms of the applicable Agreement, whereupon the product removed from production will become a Spare. Any use by Customer contrary to the foregoing is prohibited; if Customer uses the Spare in a manner contrary to the foregoing, then in addition to any other remedies that may be available to Riverbed, Customer shall promptly pay Riverbed the difference between the then-current applicable product price and the price paid for the applicable Spare. 2. The following additional terms apply to any Riverbed products designated as a lab unit or lab product or development license : If a Riverbed product is being provided as a lab unit, lab product or development license as identified at the time of sale or on Riverbed s then-current price list ( Lab Unit ), then such Lab Unit is provided solely for Customer s internal lab testing and not for use in a production environment. Lab Units must not be resold or transferred or used for the benefit of any third party. Any use by Customer contrary to the foregoing is prohibited; if Customer uses the Lab Unit in a manner contrary to the foregoing, then in addition to any other remedies that may be available to Riverbed, Customer shall promptly pay Riverbed the difference between the then-current applicable product price and the price paid for the applicable Lab Unit. 3. The following additional terms apply to any Riverbed products provided in connection with an evaluation: If a Riverbed product is being provided in connection with an evaluation, then, notwithstanding anything to the contrary, the following additional terms and conditions apply: (i) the products are provided "AS IS" and without any warranty of any kind and may be new or refurbished, (ii) Customer may use the products only for its internal evaluation for a period of up to thirty (30) days from the date of shipment or download of the product (unless extended by Riverbed in writing or via ) (the "Evaluation Period"); (iii) either party may terminate the evaluation at any time upon written notice to the other party; and (iv) at the conclusion of the Evaluation Period or, if earlier, upon termination of the evaluation by Riverbed or Customer, unless the products have been purchased by Customer, Customer shall (a) if the product includes any hardware, return the products to Riverbed at Customer's expense and Customer shall be responsible for, and shall reimburse Riverbed for, any loss of, damage to, or failure to timely return the products from the time the products are in Customer's possession or control until the products are returned to Riverbed, or (b) if the product consists solely of software, immediately discontinue any use of the product and de-install the product in accordance with any de-installation instructions provided by Riverbed. If Customer elects to purchase the product, Riverbed reserves the rights to charge for any shipping costs, taxes or duties incurred in connection with shipment of the product to Customer. In the event Customer fails to return the product within thirty (30) days after the end of the Evaluation Period, Riverbed reserves the right to invoice Customer for the then-current list price of the product and Customer shall pay such invoice within ten (10) days after receipt of the invoice. Upon payment of the invoice, the product will no longer be deemed an evaluation product and its use is subject to the terms of Riverbed s customer agreement located at 4. The following additional terms apply to SteelCentral Controller Virtual Edition software: SteelCentral Controller Virtual Edition ( SCC-VE ) management licenses may only be used with a single SCC-VE instance at a time. For Customers who are using SCC-VE software to manage Riverbed devices used to deliver a managed or outsourced service to its end customers, Customer shall not resell, transfer, sublicense, or distribute any such SCC-VE software to any end customer, and Customer shall use each instance of such SCC-VE software to Additional Use Rights

2 manage Riverbed devices for only one end customer. 5. Please click here for additional terms and conditions applicable to SteelCentral Aternity Products that are required by Oracle Israel Ltd. and/or its affiliates. 6. The following additional terms apply to SteelCentral Aternity for Partners Service Toolkits when Customer is a Riverbed authorized channel partner ( Partner ): Partner may purchase a SteelCentral Aternity for Partners Service Toolkit ( Aternity Toolkit ) for use in connection with a services engagement for a single end customer. Partner shall identify the end customer for each Aternity Toolkit on the applicable order or as otherwise reasonably requested by Riverbed. The end points included with the Aternity Toolkits may only be installed on the designated end customer s devices. Partner shall not use any instance of Aternity Toolkit software (including any end points) on behalf of more than one end customer. Partner must retain all Aternity Toolkit software licenses and shall not resell or transfer any such licenses to any end customer or other third party. Partner shall ensure that the end customer agrees to use the Aternity Toolkit subject to the terms and conditions of Riverbed s customer agreement located at Partner shall remain responsible for end customers compliance with the Riverbed customer agreement. Partner is responsible for providing the first level of support for the Aternity Toolkit to its end customers, including determining if the issue relates to the Aternity Toolkit software, collecting the end customer s contact information, and collecting the serial number or license key number for any Aternity Toolkit software that requires support. If the issue is a support issue caused by an Aternity Toolkit, Partner shall escalate to Riverbed and provide the above information and hand off the call to Riverbed support. Partner shall stay on the call until the support issue is resolved. Partner shall ensure that its end customers do not contact Riverbed directly for support. 7. The following additional terms apply to SteelCentral NetProfiler Virtual Edition, SteelCentral Flow Gateway Virtual Edition and SteelCentral NetExpress Virtual Edition: For Customers who are using SteelCentral NetProfiler Virtual Edition, SteelCentral Flow Gateway Virtual Edition and SteelCentral NetExpress Virtual Edition (each and together NetProfiler Solution ) software to capture traffic from devices used to deliver a managed or outsourced service to its end customers, Customer shall not resell, transfer, sublicense, or distribute any such NetProfiler Solution software to any end customer, and Customer shall use each instance of such NetProfiler Solution software to manage Riverbed devices for only one end customer. 8. The following additional terms apply to SteelCentral Packet Analyzer and SteelCentral Packet Analyzer Plus software licensed on a per seat basis: Each instance of SteelCentral Packet Analyzer software licensed by Customer may be installed only on a single laptop or personal computer that is identified to Riverbed at the time of purchase or download and that is running a supported operating system or computing platform (each, a Licensed Device ). Only one copy of a single instance may be running or used at any time. Riverbed may, in its sole discretion, also provide Customers who purchase SteelCentral Packet Analyzer software with companion licenses to SteelCentral Packet Analyzer Plus software. Notwithstanding the foregoing restriction, each instance of SteelCentral Packet Analyzer Plus software only may be used jointly with a corresponding instance of SteelCentral Packet Analyzer software and must be installed on the same Licensed Device as the corresponding SteelCentral Packet Analyzer software. Customer shall not install or run any SteelCentral Packet Analyzer Plus software on any device or platform that is not a Licensed Device and/or that does not have a then-current SteelCentral Packet Analyzer software license. Provided that the SteelCentral Packet Analyzer software and any companion SteelCentral Packet Analyzer Plus software is covered by a then-current Riverbed maintenance and support plan, Customer may transfer the SteelCentral Packet Analyzer software together with the companion SteelCentral Packet Analyzer Plus software (if any) from the designated Licensed Device to another designated device that meets the requirements to be a Licensed Device, provided that the new designated device is identified to Riverbed at the time of transfer and, upon transfer, the SteelCentral Packet Analyzer software and any companion SteelCentral Packet Analyzer Plus software on the original Licensed Device are no longer used and are de-installed using any deinstallation instructions provided by Riverbed. Upon transfer of the SteelCentral Packet Analyzer software and any companion SteelCentral Packet Analyzer Plus software (if any) to a new designated device in accordance with the foregoing requirements, the new designated device will be deemed a Licensed Device. 9. The following additional terms apply to SteelCentral Packet Analyzer software and SteelCentral Packet Analyzer Plus software licensed on a concurrent basis: Riverbed may, in its sole discretion, also provide Customers who purchase SteelCentral Packet Analyzer software licenses with companion licenses to SteelCentral Packet Analyzer Plus software. SteelCentral Packet Analyzer Plus companion software may only be copied onto Customer s laptops and other personal computers with SteelCentral Packet Analyzer software and must be used jointly with a corresponding instance of SteelCentral Packet Analyzer software. Customer shall not install or run any SteelCentral Packet Analyzer Plus software on any device or platform that does not have SteelCentral Packet Analyzer software and shall ensure that the total number of concurrent users does not exceed the number of concurrent user licenses acquired by Customer. A user that is using an instance of SteelCentral Packet Analyzer software together with a companion instance of SteelCentral Packet Analyzer Plus Additional Use Rights

3 software on the same computer in accordance with the foregoing requirements will be deemed one concurrent user for purposes of calculating the total number of concurrent users. For the avoidance of doubt, any companion SteelCentral Packet Analyzer Plus software licenses issued by Riverbed shall be deemed included as part of, not in addition to, the total number of concurrent user licenses of SteelCentral Packet Analyzer software actually purchased by Customer. 10. The following additional terms apply to SteelCentral Transaction Analyzer Enterprise, SteelCentral Transaction Analyzer Standard and SteelCentral Packet Analyzer Plus software licensed on a per seat basis: Each instance of SteelCentral Transaction Analyzer Enterprise and/or SteelCentral Transaction Analyzer Standard software (each referred to as Transaction Analyzer Software ) licensed by Customer may be installed only on a single laptop or personal computer that is identified to Riverbed at the time of purchase or download and that is running a supported operating system or computing platform (each, a Licensed Device ). Only one copy of a single instance may be running or used at any time. Riverbed may, in its sole discretion, also provide Customers who purchase Transaction Analyzer Software with companion licenses to SteelCentral Packet Analyzer Plus software. Notwithstanding the foregoing restriction, each instance of SteelCentral Packet Analyzer Plus software only may be used jointly with a corresponding instance of Transaction Analyzer Software and must be installed on the same Licensed Device as the corresponding Transaction Analyzer Software. Customer shall not install or run any SteelCentral Packet Analyzer Plus software on any device or platform that is not a Licensed Device and/or that does not have a then-current Transaction Analyzer Software license. Provided that the Transaction Analyzer Software and any companion SteelCentral Packet Analyzer Plus software is covered by a then-current Riverbed maintenance and support plan, Customer may transfer the Transaction Analyzer Software together with the companion SteelCentral Packet Analyzer Plus software (if any) from the designated Licensed Device to another designated device that meets the requirements to be a Licensed Device, provided that the new designated device is identified to Riverbed at the time of transfer and, upon transfer, the Transaction Analyzer Software and any companion SteelCentral Packet Analyzer Plus software on the original Licensed Device are no longer used and are de-installed using any de-installation instructions provided by Riverbed. Upon transfer of the Transaction Analyzer Software and any companion SteelCentral Packet Analyzer Plus software (if any) to a new designated device in accordance with the foregoing requirements, the new designated device will be deemed a Licensed Device. 11. The following additional terms apply to SteelCentral Transaction Analyzer Enterprise, SteelCentral Transaction Analyzer Standard and SteelCentral Packet Analyzer Plus software licensed on a concurrent basis: Riverbed may, in its sole discretion, also provide Customers who purchase Transaction Analyzer Software licenses with companion licenses to SteelCentral Packet Analyzer Plus software. SteelCentral Packet Analyzer Plus companion software may only be copied onto Customer s laptops and other personal computers with Transaction Analyzer Software and must be used jointly with a corresponding instance of Transaction Analyzer Software. Customer shall not install or run any SteelCentral Packet Analyzer Plus software on any device or platform that does not have Transaction Analyzer Software and shall ensure that the total number of concurrent users does not exceed the number of concurrent user licenses acquired by Customer. A user that is using an instance of Transaction Analyzer Software together with a companion instance of SteelCentral Packet Analyzer Plus software on the same computer in accordance with the foregoing requirements will be deemed one concurrent user for purposes of calculating the total number of concurrent users. For the avoidance of doubt, any companion SteelCentral Packet Analyzer Plus software licenses issued by Riverbed shall be deemed included as part of, not in addition to, the total number of concurrent user licenses of Transaction Analyzer Software actually purchased by Customer. 12. The following additional terms apply to SteelCentral Transaction Analyzer Plus software licensed on a per seat basis: A single instance of SteelCentral Transaction Analyzer Plus software consists of an instance of SteelCentral Transaction Analyzer Enterprise software bundled with a companion instance of SteelCentral Packet Analyzer Plus software. Each instance of SteelCentral Transaction Analyzer Plus software licensed by Customer may be installed only on a single laptop or personal computer that is identified to Riverbed at the time of purchase or download and that is running a supported operating system or computing platform (each, a Licensed Device ). Only one copy of a single instance may be running or used at any time. For each instance of SteelCentral Transaction Analyzer Plus software, the SteelCentral Transaction Analyzer Enterprise software must be used jointly with its companion instance of SteelCentral Packet Analyzer Plus software and both the SteelCentral Transaction Analyzer Enterprise software and the companion SteelCentral Packet Analyzer Plus software must be installed together on the same Licensed Device. Customer shall not install or run any SteelCentral Transaction Analyzer Plus software on any device or platform that is not a Licensed Device and Customer shall not install or run any instance of SteelCentral Transaction Analyzer Enterprise software that is included in a SteelCentral Transaction Analyzer Plus software bundle separately from its companion instance of SteelCentral Packet Analyzer Plus software or vice versa. Provided that the SteelCentral Transaction Analyzer Plus software is covered by a then-current Riverbed maintenance and support plan, Customer may transfer the SteelCentral Transaction Analyzer Plus software from the designated Licensed Device to another designated device that meets the requirements to be a Licensed Device, provided that (a) the new designated device is identified to Riverbed at the time of transfer, (b) both the SteelCentral Transaction Analyzer Enterprise software and its companion SteelCentral Packet Analyzer Plus software are transferred together to the new designated device, and (c) upon transfer, the SteelCentral Transaction Analyzer Plus software on the original Licensed Device is no longer used and is de-installed using any de-installation instructions provided by Riverbed. Upon transfer of the SteelCentral Transaction Analyzer Plus software to a new designated device in accordance with the foregoing requirements, the Additional Use Rights

4 new designated device will be deemed a Licensed Device. 13. The following additional terms apply to SteelCentral Transaction Analyzer Plus software licensed on a concurrent basis: A single instance of SteelCentral Transaction Analyzer Plus software consists of an instance of SteelCentral Transaction Analyzer Enterprise software bundled with a companion instance of SteelCentral Packet Analyzer Plus software. For each instance of SteelCentral Transaction Analyzer Plus software, the SteelCentral Transaction Analyzer Enterprise software must be used jointly with its companion instance of SteelCentral Packet Analyzer Plus software and both the SteelCentral Transaction Analyzer Enterprise software and the companion SteelCentral Packet Analyzer Plus software may only be copied onto Customer s laptops and other personal computers together as bundled. Customer shall not copy, install, or run any SteelCentral Transaction Analyzer Enterprise software that is included in a SteelCentral Transaction Analyzer Plus software bundle on any device or platform separately from its companion SteelCentral Packet Analyzer Plus software license or vice versa. Customer shall ensure that the total number of concurrent users does not exceed the number of concurrent user licenses acquired by Customer. A user that is using an instance of SteelCentral Transaction Analyzer Enterprise software bundled together with a companion instance of SteelCentral Packet Analyzer Plus software on the same computer in accordance with the foregoing requirements will be deemed one concurrent user for the purposes of calculating the total number of SteelCentral Transaction Analyzer Plus concurrent users. 14. The following additional terms apply to AirPcap: Each instance of software may (i) be installed on only a single server or device and (ii) only be used on the hardware on which it was provided. Only one copy of a single software instance may be running or used at any time. 15. The following additional terms apply to Cloud SteelHead (SteelHead CX): Each instance of Cloud SteelHead software licensed by Customer (a) may be installed in either a designated service provider cloud environment or at a Customer site, and may be used for the term of the license purchased by Customer to optimize only the amount of bandwidth and number of TCP connections licensed by Customer for that instance, and (b) includes access to Riverbed s Cloud Portal and use of Riverbed s Discovery Agent software, which may be used for the term of the license purchased by Customer. With respect to any instances of Cloud SteelHead software installed at a Customer site, such Cloud SteelHead software may only be used to optimize traffic between Customer and Customer s designated service provider cloud environment and must not be used to optimize traffic solely on Customer s network. Except for six (6) month term licenses, which neither party may terminate for convenience, Customer may terminate Cloud SteelHead term licenses for any or no reason prior to the end of the purchased term, provided that Customer pays a termination fee equal to fifteen percent (15%) of the applicable monthly rate times the number of months remaining on the purchased license term ( Termination Fee ). Termination will be effective upon Riverbed s receipt of (i) written notice of the request to terminate from Customer or the applicable channel partner and (ii) the applicable Termination Fee plus any other amounts owed for such license term from the Customer or the applicable channel partner. If Riverbed terminates for Customer s violation of the terms of the applicable Agreement or Riverbed does not timely receive payment from the Customer or, as applicable, the channel partner, Riverbed may charge the Termination Fee in addition to any other remedies available to Riverbed. 16. The following additional terms apply to Virtual SteelHead and Virtual SteelHead CX software versions 9.6 and higher licensed on a subscription basis: Each instance of Virtual SteelHead and/or Virtual SteelHead CX software versions 9.6 and/or higher that is licensed on a subscription basis (each, a Virtual Appliance ) must have internet access in order to initially connect and remain connected to the Riverbed license portal. If a Virtual Appliance loses Riverbed license portal connectivity for any reason (including loss of internet access), Customer must refer to the applicable Virtual Appliance documentation to reconnect the Virtual Appliance to the Riverbed license portal. Customer has two (2) weeks in which to re-establish Riverbed license portal connectivity for a Virtual Appliance; if a Virtual Appliance has no Riverbed license portal connectivity for any period lasting longer than two weeks, the Virtual Appliance will cease optimizing traffic. After re-establishing Riverbed license portal connectivity, the Virtual Appliance will resume optimizing traffic. During any period in which a Virtual Appliance is disconnected from the Riverbed license portal, Customer will not be eligible to receive updates or upgrades for the Virtual Appliance. 17. The following additional terms apply to any instance of SteelConnect Manager that is not hosted by Riverbed, including any instance that is hosted on premise or in a supported third party cloud environment by Customer, by an outsourced service provider, or by a Riverbed channel partner ( SCM On Premise ): Each instance of SCM On Premise must have internet access in order to initially connect and remain connected to the Riverbed Zero Touch Provisioning services included with SCM On Premise. During any period in which an SCM On Premise instance is not connected to the Riverbed Zero Touch Provisioning services for any reason (including loss of internet access), (a) Customer may not be able to configure, deploy, remove and/or manage any physical or virtual gateway, switch and/or access point appliances managed by SCM On Premise; (b) Customer s Software Defined Wide Additional Use Rights

5 Area Network (SD-WAN) managed by the SCM On Premise instance may cease to operate; (c) Customer will not be eligible to receive updates or upgrades (including security and vulnerability patches and critical fixes) for SCM On Premise and/or any Riverbed appliances managed by it; and (d) Customer may lose its configuration settings for the affected SCM On Premise instance. All Riverbed gateway, switch and/or access point appliances require a valid license subscription in order to be managed by SCM On Premise. Riverbed reserves the right to suspend or terminate Riverbed appliance instances configured by SCM On Premise without a valid license; such appliance instance may cease to operate until a valid license is obtained. For the avoidance of doubt, as between Riverbed and Customer, Customer is responsible for managing all aspects of hosting SCM On Premise (whether on premise or in a supported third party cloud environment) at Customer s expense. Riverbed is not obligated to (i) manage or provide any access to any hosting services or any third party cloud environment used to host any instance of SCM On Premise and/or (ii) pay any fees relating to any such hosting service or third party cloud environment, including any fees associated with usage, bandwidth, capacity or other pricing metrics. 18. Please click here for additional terms that apply to the SteelHead SaaS products. 19. The following additional terms apply to any Riverbed software provided to Customer that is identified at the time of order or provision of the software as Not For Resale (NFR) software: NFR software licenses expire one (1) year after the date that Riverbed provides the applicable license key(s) to the Customer. Each instance of the NFR software may only be installed once at the Customer site and used solely for the purpose of internally testing and demonstrating the NFR software to prospective customers. NFR software licenses must not be used in a production environment or resold or transferred to any third party. Any use by Customer contrary to the foregoing is prohibited; if Customer does use the NFR software in a manner contrary to the foregoing, then in addition to any other remedies that may be available to Riverbed, Customer shall promptly pay Riverbed the difference between the then-current list price of such software and the price paid for the applicable NFR software (if any). NFR software is provided AS IS without any warranty or indemnity of any kind. 20. The following additional terms apply to use by any University Customer (as defined below) of any software, versions and modules associated with SteelCentral Riverbed Modeler: University Customer means a Customer that is an institution of higher education and that is approved in writing by Riverbed to participate in the University Modeler Program. Faculty Member means an individual that is a full or part time member of University Customer s faculty, whether University Customer treats such person as an employee or independent contractor. Student means an individual that is enrolled as a full or part time student of University Customer and is sponsored by a Faculty Member. To be eligible to participate in the University Modeler Program, University Customer must have either (a) a valid six-month license for an applicable product or (b) a valid one year license for an applicable product and a valid maintenance contract. University Customer shall ensure that Faculty Members and Students use Modeler only for the purposes of (a) performing research and thesis work at University Customer s facilities for the benefit of University Customer and/or (b) teaching Students in conjunction with a class offered on the premises of University Customer. University Customer shall not, and shall ensure that Faculty Members and Students do not, use Modeler for any business activities or uses (including for the benefit of any third party), regardless of whether or not a payment is made or expected. University Customer and Faculty Members shall undertake a duty of reasonable inquiry to ascertain that all Faculty Members and Students are using Modeler only for the purposes authorized in these Additional Use Rights. University Customer shall not permit any other person or entity to use or access Modeler for any reason. Notwithstanding anything to the contrary, University Customer s right to participate in the University Modeler Program is subject to Riverbed s review and approval in its discretion. 21. The following additional terms apply to SteelCentral AppInternals: Any collectors included with any SteelCentral AppInternals software may only be controlled using such software. Oracle JDBC drivers are included in certain versions of SteelCentral AppInternals. Oracle America, Inc. ( Oracle ) is a third party beneficiary of the Agreement solely with respect to such Oracle JDBC drivers. Oracle provides the Oracle JDBC drivers AS IS without warranty of any kind provided that the foregoing does not limit any express warranties provided by Riverbed under the Agreement. Oracle s entire liability for damages under the Agreement will not exceed US $1, The following additional terms apply to SteelCentral AppInternals Console and SteelCentral AppInternals Collectors: The total number of concurrent executions of SteelCentral AppInternals Console is limited to the number of licenses granted to Customer, except that the number of concurrent executions that may be accessed by an authorized user through a web interface is unlimited. The total number of concurrent executions of SteelCentral AppInternals Collectors is limited to the number of licenses granted to Customer. 23. The following additional terms apply to Application-Specific licenses for SteelCentral AppInternals: Additional Use Rights

6 If Customer has purchased an Application-Specific license for SteelCentral AppInternals, then Customer may only use SteelCentral AppInternals with the application that is specified in Customer s quote or other ordering documentation. Customer shall not use any other application with SteelCentral AppInternals without Riverbed s prior written consent. 24. The following additional terms apply to SteelCentral AppInternals and SteelCentral SaaS: Agents included with SteelCentral AppInternals and SteelCentral SaaS may only be used with the product with which such agents were originally included unless otherwise agreed by Riverbed; Customer shall not transfer and/or mix any agents between any products without Riverbed s prior written consent in each instance. Without limiting the foregoing, agents provided with SteelCentral AppInternals cannot be used with SteelCentral SaaS or vice versa without Riverbed s prior written consent. If Customer wishes to transition agents between products, Customer should contact their applicable Riverbed representative for more information. 25. The following additional terms apply to Distributed Agent Controller for SteelCentral Transaction Analyzer: Each Distributed Agent Controller Module license may be used only on one synthetic transaction generator at a time. 26. The following additional terms apply to 3D Network Visualizer Module with embedded MAK Technologies, Inc. code: Notwithstanding anything to the contrary in Customer s Agreement, Riverbed and Customer intend and agree that MÄK Technologies, Inc. ( MÄK ), a Delaware corporation with an address of 10 Fawcett Street, Cambridge, MA 02138, is an intended third party beneficiary of the provisions in Customer s Agreement and these Additional Use Rights to the extent that such terms relate to software of MÄK licensed to Customer under such agreements. 27. The following additional terms apply to SteelCentral Riverbed Modeler and the Modeler Development Kit software: Customer shall only use data files supplied with or produced by Riverbed Modeler and/or Modeler Development Kit (including any software that embeds in a file generated from such software) in combination with Riverbed products and software. The foregoing restriction does not apply to any data supplied by Customer or any extracts thereof. Without limiting the foregoing, Customer may disclose or distribute Restricted Derivative Files only to those persons or entities that have a then-current license or purchase agreement with Riverbed for use of Riverbed Modeler and/or Modeler Development Kit. The image of a Restricted Derivative File as seen on or captured from a computer screen may be distributed beyond the scope of the foregoing solely for purposes of publishing, presenting, or teaching, provided that Riverbed has granted prior written authorization in each instance and Customer provides written notice of Riverbed s property rights to the recipients of such publication, presentation, or teaching. Customer may use and disclose Unrestricted Derivative Files without restriction. Customer s rights with respect to the Restricted Derivative Files and Unrestricted Derivative Files do not grant any other rights to any other products or software. Restricted Derivative File means any program, library or file containing Riverbed-supplied object code and/or source code, including the Simulation Kernel, External Model Access (EMA) libraries, External Tool Support (ETS) libraries, Programming Support (PRG) libraries, Riverbed Model Access (RMA) libraries, and any model files obtained or derived from the Riverbed Model Library or containing any source code fragments derived or extracted from any of the foregoing. Unrestricted Derivative File means any of Customer s independently developed source code, data or information entered into Riverbed Modeler and any output generated by Customer s use of Riverbed Modeler based on such source code, data or information, but excluding any Restricted Derivative Files or any source or object code provided by Riverbed or derived or extracted from any Riverbed-supplied source or object code. Customer may use Riverbed Modeler to perform modeling and network consulting services for the benefit of its third party customers, provided that Customer does not provide such third party customer with access to or use of Riverbed Modeler (except as otherwise provided with respect to Restricted Derivative Files and Unrestricted Derivative Files). If Customer has purchased an Enterprise License Feature for Riverbed Modeler and/or Modeler Development Kit, then Customer may provide access to that software by users of workstations on up to 101 networks. For clarity, the Enterprise License Feature increases only the number of authorized electronic locations, and not the number of authorized concurrent users. 28. From time to time, Riverbed makes source code and sample source code publically available, including through Riverbed s website and/or through public open source repositories such as GitHub (collectively, Open Source Code ). Such Open Source Code is licensed under the terms of the applicable license that accompanies such Open Source Code, and the terms of the Agreement do not apply to Open Source Code. Such Open Source Code is provided AS IS and without any warranty or indemnification. To the extent that any Open Source Code is not accompanied by an express license, the following license will apply to all such Open Source Code: Copyright (c) 2017 Riverbed Technology, Inc. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and Additional Use Rights

7 associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Customer shall comply with all terms and conditions applicable to any Open Source Code. For clarity, the foregoing terms do not apply to any of Riverbed s commercial products that are identified on a Riverbed price list, including all hardware products and all software made available in object code form (including any open source code embedded therein). To the extent that any of Riverbed s commercial products contain embedded open source software subject to an open source license that requires Riverbed to make the source code for such open source software available, as determined by Riverbed, Riverbed will make a copy of such source code available upon request as set forth herein, provided that Riverbed may charge a reasonable fee for distribution of such source code. Each request must identify the applicable Riverbed product, product version, and each component for which source code is requested, together with any other information reasonably requested by Riverbed. Please direct source code requests to rvbdopensource@riverbed.com. 29. The following additional terms apply to any product which is provided for installation at Customer s facilities solely for temporary use by Riverbed or Customer in connection with Riverbed s performance of a professional services engagement for Customer: Riverbed may provide products for installation at Customer s facilities solely for temporary use by Riverbed or Customer in connection with Riverbed s performance of a professional services engagement for Customer (each such product, a PS Usage Product ). All PS Usage Products are subject to the terms and conditions of the Agreement. As between Riverbed and Customer, Riverbed retains ownership of all PS Usage Products. Customer shall not, and shall not authorize or permit any other person or entity to, directly or indirectly: (a) use any PS Usage Product except in connection with receipt of the applicable professional services for which it was provided, (b) copy, modify, distribute, or create derivative works of any PS Usage Product, (c) place any lien or encumbrance of any kind on any PS Usage Product, or (d) move or transfer any PS Usage Product from the location designated by Riverbed or otherwise agreed by Riverbed in writing. Unless otherwise agreed by Riverbed, (i) Customer is responsible for and shall pay any import related charges incurred in connection with any shipment of any hardware PS Usage Product to Customer, (ii) within fifteen (15) days after receipt of Riverbed s request, Customer shall promptly return each hardware PS Usage Product to Riverbed and uninstall any software only PS Usage Products in accordance with Riverbed s instructions, and (iii) Customer is responsible for and shall pay all shipping charges associated with the return to Riverbed of any hardware PS Usage Product, including any applicable export related charges. Customer shall return all components of a hardware PS Usage Product, including any cables, cards, or other accessories. Customer shall use the original shipping container (or the equivalent). Riverbed will provide Customer with the shipping address at the time of the return request. If mutually agreed by the parties, subject to Customer s payment of any applicable fees for such services, Customer shall promptly permit Riverbed to access Customer s premises to collect any hardware PS Usage Products and/or uninstall any software only PS Usage Products. Notwithstanding the foregoing, Customer is responsible for any loss of or damage to any of the PS Usage Products once shipped to, installed or otherwise provided at Customer s facilities until such PS Usage Products are returned to or collected by Riverbed, and if any such PS Usage Products are lost, damaged, or otherwise not returned to or collected by Riverbed in accordance with the foregoing requirements, Customer shall reimburse Riverbed for an amount not to exceed the then-current list price of the applicable product. As used herein, return of a hardware PS Usage Product to Riverbed means confirmed delivery of the PS Usage Product to the location designated by Riverbed. Riverbed is not obligated to provide any support or maintenance services for any PS Usage Product. Additional Use Rights